2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.54 - TERMINATION, MODIFICATION, OR VACATION AND SUBSTITUTION OF DISPOSITIONAL ORDER.

        232.54  TERMINATION, MODIFICATION, OR VACATION AND
      SUBSTITUTION OF DISPOSITIONAL ORDER.
         1.  At any time prior to its expiration, a dispositional order may
      be terminated, modified, or vacated and another dispositional order
      substituted therefor only in accordance with the following
      provisions:
         a.  With respect to a dispositional order made pursuant to
      section 232.52, subsection 2, paragraph "a", "b", or "c",
      and upon the motion of a child, a child's parent or guardian, a
      child's guardian ad litem, a person supervising the child under a
      dispositional order, a county attorney, or upon its own motion, the
      court may terminate the order and discharge the child, modify the
      order, or vacate the order and substitute another order pursuant to
      the provisions of section 232.52.  Notice shall be afforded all
      parties, and a hearing shall be held at the request of any party.
         b.  With respect to a dispositional order made pursuant to
      section 232.52, subsection 2, paragraphs "d" and "e", the
      court shall grant a motion of the person to whom custody has been
      transferred for termination of the order and discharge of the child,
      for modification of the order by imposition of less restrictive
      conditions, or for vacation of the order and substitution of a less
      restrictive order unless there is clear and convincing evidence that
      there has not been a change of circumstance sufficient to grant the
      motion.  Notice shall be afforded all parties, and a hearing shall be
      held at the request of any party or upon the court's own motion.
         c.  With respect to a dispositional order made pursuant to
      section 232.52, subsection 2, paragraph "d", or "e", or
      "f", the court shall grant a motion of a person or agency to whom
      custody has been transferred for modification of the order by
      transfer to an equally restrictive placement, unless there is clear
      and convincing evidence that there has not been a change of
      circumstance sufficient to grant the motion.  Notice shall be
      afforded all parties, and a hearing shall be held at the request of
      any party or upon the court's own motion.
         d.  With respect to a dispositional order made pursuant to
      section 232.52, subsection 2, paragraph "d", "e", or "f",
      the court may, after notice and hearing, either grant or deny a
      motion of the child, the child's parent or guardian, or the child's
      guardian ad litem, to terminate the order and discharge the child, to
      modify the order either by imposing less restrictive conditions or by
      transfer to an equally or less restrictive placement, or to vacate
      the order and substitute a less restrictive order.  A motion may be
      made pursuant to this paragraph no more than once every six months.
         e.  With respect to a dispositional order made pursuant to
      section 232.52, subsection 2, paragraphs "d" and "e", the
      court may, after notice and a hearing at which there is presented
      clear and convincing evidence to support such an action, either grant
      or deny a motion by a county attorney or by a person or agency to
      whom custody has been transferred, to modify an order by imposing
      more restrictive conditions or to vacate the order and substitute a
      more restrictive order.
         f.  With respect to a temporary transfer order made pursuant
      to section 232.52, subsection 10, if the court finds that removal of
      a child from the state training school is necessary to safeguard the
      child's physical or emotional health and is in the best interests of
      the child, the court shall grant the director's motion for a
      substitute dispositional order to place the child in a facility which
      has been designated to be an alternative placement site for the state
      training school.
         g.  With respect to a juvenile court dispositional order
      entered regarding a child who has received a youthful offender
      deferred sentence under section 907.3A, the dispositional order may
      be terminated prior to the child reaching the age of eighteen upon
      motion of the child, the person or agency to whom custody of the
      child has been transferred, or the county attorney following a
      hearing before the juvenile court if it is shown by clear and
      convincing evidence that it is in the best interests of the child and
      the community to terminate the order.  The hearing may be waived if
      all parties to the proceeding agree.  The dispositional order
      regarding a child who has received a youthful offender deferred
      sentence may also be terminated prior to the child reaching the age
      of eighteen upon motion of the county attorney, if the waiver of the
      child to district court was conditioned upon the terms of an
      agreement between the county attorney and the child, and the child
      violates the terms of the agreement after the waiver order has been
      entered.  The district court shall discharge the child's youthful
      offender status upon receiving a termination order under this
      section.
         h.  With respect to a dispositional order entered regarding a
      child who has received a youthful offender deferred sentence under
      section 907.3A, the juvenile court may, in the case of a child who
      violates the terms of the order, modify or terminate the order in
      accordance with the following:
         (1)  After notice and hearing at which the facts of the child's
      violation of the terms of the order are found, the juvenile court may
      refuse to modify the order, modify the order and impose a more
      restrictive order, or, after an assessment of the child by a juvenile
      court officer in consultation with the judicial district department
      of correctional services and if the child is age fourteen or over,
      terminate the order and return the child to the supervision of the
      district court under chapter 907.
         (2)  The juvenile court shall only terminate an order under this
      paragraph "h" if after considering the best interests of the
      child and the best interests of the community the court finds that
      the child should be returned to the supervision of the district
      court.
         (3)  A youthful offender over whom the juvenile court has
      terminated the dispositional order under this paragraph "h" shall
      be treated in the manner of an adult who has been arrested for a
      violation of probation under section 908.11 for sentencing purposes
      only.
         i.  With respect to a dispositional order requiring a child to
      register as a sex offender pursuant to chapter 692A, the juvenile
      court shall determine whether the child shall remain on the sex
      offender registry prior to termination of the dispositional order.
         2.  Notice requirements of this section shall be satisfied by
      providing reasonable notice to the persons required to be provided
      notice for adjudicatory hearings under section 232.37, except that
      notice shall be waived regarding a person who was notified of the
      adjudicatory hearing and who failed to appear.  At a hearing under
      this section all relevant and material evidence shall be admitted.
      

         Section History: Early Form

         [C79, 81, § 232.54] 

         Section History: Recent Form

         90 Acts, ch 1239, §9; 95 Acts, ch 92, § 2; 97 Acts, ch 126, §28;
      98 Acts, ch 1100, §25; 2001 Acts, ch 135, §27; 2009 Acts, ch 41,
      §237; 2009 Acts, ch 119, §37
         Referred to in § 232.2, 232.9, 232.11, 232.22, 232.52, 232.53,
      692A.106, 907.3A